Section 564. Order of filiation in other proceedings  


Latest version.
  • (a) In any proceeding
      in the family court, whether under this act or under any other  law,  if
      there  is  an allegation or statement in a petition that a person is the
      father of a child who is a party to the proceeding or also is a  subject
      of  the proceeding and if it shall appear that the child is a child born
      out-of-wedlock, the court may make an order of filiation  declaring  the
      paternity  of  the  child  in  accordance  with  the  provisions of this
      section.
        (b) The court may make such an order of filiation if (1) both  parents
      are  before  the  court,  (2)  the  father  waives  both the filing of a
      petition under section five hundred twenty-three of  this  act  and  the
      right  to a hearing under section five hundred thirty-three of this act,
      and (3) the court is satisfied as to the paternity of the child from the
      testimony or sworn statements of the parents.
        (c) The court may in any such  proceeding  in  its  discretion  direct
      either  the  mother  or  any  other  person empowered under section five
      hundred twenty-two of this act to file a verified petition under section
      five hundred twenty-three of this act.
        (d) The provisions of part four of this article five  shall  apply  to
      any  order  of  filiation  made under this section. The court may in its
      discretion  direct  a  severance  of  proceedings  upon  such  order  of
      filiation   from  the  proceeding  upon  the  petition  referred  to  in
      subdivision (a) of this section.
        (e) For the purposes of this section the term "petition" shall include
      a complaint in a  civil  action,  an  accusatory  instrument  under  the
      criminal  procedure  law,  a  writ  of  habeas  corpus,  a  petition for
      supplemental relief,  and  any  amendment  in  writing  of  any  of  the
      foregoing.